KALAWATI Vs. MUNNA LAL

JUDGEMENT

(1.) This is claimant's appeal for enhancement of compensation under Section 173 of Motor Vehicles Act, against the award dated 1st July, 2000 passed by Eighth Motor Accident Claims Tribunal, Gwalior in claim Case No. 152/96.

(2.) Brief facts of the case are that the appellant/claimant is working in Defence Laboratory and was getting salary Rs. 5,800/- per month in the year of 1995. On 27th September, 1995 at about 6.00 p.m. when she was coming back to her house from duty, outside of Roopsingh Stadium one truck No. UMO-8451, which was being driven rashly and negligently by respondent No. 1 came from behind, did not apply any horn and dashed the appellant. As a result of this accident she received crush injuries in her right hand and in the left leg. She was taken to Police Station Paday where F.I.R. was lodged and there after she was admitted in J.A. Croup of Hospitals, Gwalior where she remained hospitalized up to 29th September, 1995. Thereafter, she remained hospitalized in Verma Nursing Home, Agra where she was treated by Dr. V.K. Singhal and Dr. R.K. Verma from 29th September, 1995 to 21st October, 1995. On 3rd' October, 1995 because of gangrine her right hand was amputed above elbow. She also received fracture in leftleg and because of this fracture in the knee the left leg also became weak and she is unable to walk properly. She filed claim petition for claiming compensation. The claim was contested. The Claims Tribunal after recording the evidence of both the parties recorded a finding that the accident took place because of rash and negligent driving of the truck by the truck dri\ er and the Tribunal awarded compensation of Rs. 2.00 lacs.

(3.) There is no dispute about the accident as well as about the liability of the Insurance Company. The claimant has filed this appeal for enhancement of compensation. The only question involved in this appeal is as to what would be the just and proper compensation to be awarded to the appellant for the injuries suffered in the accident.